“The really encouraging thing that’s has arisen from this is the fact that so many people want to help baby Gammy and baby Gammy’s mother.”

The Prime Minister refused to buy into whether Gammy’s twin sister, who has been brought back to Australia, should be protected from her Australian father after it was revealed he is a convicted paedophile. He said it was a matter for “law enforcement agencies”.

“Certainly I would expect the state police and the state law enforcement authorities to be doing whatever is appropriate under these circumstances.”

Mr Abbott urged Australians wanting to be parents to still adhere to the law, despite their desperation.

“I can fully understand the desire of people to be parents. I can absolutely understand that. And sometimes very strong desires can lead to desperate actions.

“I think that it is important that people adhere to the law and if surrogacy is illegal in Thailand it shouldn’t be done. If going overseas to engage in this sort of thing is illegal it shouldn’t be done.

“I say to people in your understandable desperation please don’t do something that is illegal because if you do there are consequences.”

He said he is not one “who generally thinks that the law should intrude into the bedroom,” insisting the “difficult and complex” issue is governed by the states.“All of the states criminalise commercial surrogacy. Some states criminalise going overseas for commercial surrogacy.”

New family ... Gammy with his Thai surrogate mother’s son.Source: Supplied

“Let the states consider the laws, let the states enforce the laws,” he added.

“I’m in no hurry to rush legislatively into this particular situation”.

In Queensland, New South Wales and the ACT is it an offence for residents to enter into overseas commercial surrogacy arrangements.

Last night Foreign Minister Julie Bishop said the Department of Immigration, the Department of Foreign Affairs and the Attorney General’s Department are all looking into the “tragic case” of baby Gammy.

“I think that the very tragic nature of this case raises a whole raft of issues that must be dealt with at a state and federal level,” Ms Bishop told ABC TV.

Controversy ... Tony Abbott has urged Australians wanting to be parents to still adhere to the law, despite their desperation.Source: Supplied

However, Thai medical authorities are threatening to take legal action against Ms Chanbua.

The Thai Ministry of Public Health says it is co-ordinating with other agencies in a crackdown against medical facilities and agencies linked to the commercial surrogacy the ministry calls “illegal”.

Thai reports said the ministry is also considering charges against the surrogate mother, a food stall seller from the southern province of Sri Racha.

The ministry says the fact that Ms Pattaramon received payment of $15,000 as the surrogate mother was in contravention of Thailand’s human trafficking laws.

WA Supreme court documents also show the WA man, who is believed to be the father of baby Gammy and is accused of abandoning him, also abused at least three girls under the age of 13 in the late 1990s.

He was charged with six counts of indecently dealing with a child under the age of 13 and was convicted and sentenced again.

He had faced court for those charges while he was on parole for molesting the two young children under the age of 10.

Yesterday authorities said they had been called in to investigate the suitability of the man after being contacted by WA Police last night.

The couple is accused of abandoning seven-month-old baby Gammy who has Down syndrome and a congenital heart disease.

The couple are believed to have paid $16,000 for the surrogate who claimed they took the healthy twin, a girl, but abandoned Gammy after first asking for him to be terminated before birth.

The couple deny this, telling media yesterday that they did not abandon Gammy and that the doctor told them only about the healthy baby girl.

The Nine Network reported last night that the man’s wife confirmed her husband had a conviction for indecently dealing with a child under 13 and had served jail time after being found guilty in 1998.

Ms Chanbua said she will never hand over to the Australian couple seven-month-old Gammy, who was born with a congenital heart condition as well as Down syndrome.

“Never. Not in any way,” she said.

Described as “a saint” ... Thai surrogate mother Pattaramon Chanbua vowed to "never abandon" Gammy after the Australian parents reportedly refused to care for the child. Photo: AFP.Source: AFP

An online campaign by Australian charity Hands Across the Water has raised more than $215,000 since July 22 for Gammy.

Meanwhile Advocacy group Surrogacy Australia is calling for clearer and more consistent surrogacy laws.

The Department of Foreign Affairs and Trade said they acknowledge the strong community interest in and support for the welfare of baby Gammy.

“We also welcome the response of the Australian public which has contributed generously to fundraising for baby Gammy,” a spokesperson said.

“As the Prime Minister and the Foreign Minister have said, this is a sad, complex and difficult situation, which also raises broader issues relating to international commercial surrogacy.

“The legal position of surrogacy arrangements in Thailand is unclear. There is no specific legislation which explicitly regulates surrogacy in Thailand. However, the Thai Government has advised it is considering draft legislation that may prohibit commercial surrogacy. Australian Government agencies are examining these issues closely in consultation with authorities in Thailand.”

About 200 Australians enter into commercial surrogacy arrangements in Thailand each year.

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